If I am lucky I may finish my oath next month and become eligible to file immigrant petitions (I-130) for immediate relatives. Say I get married to someone in India who happens to have a 10-year tourist visa which she obtained a while back. Would it be possible for us to get married in India and for her to then enter the country as a tourist ? If that is possible would I be able to file a I-130 and I-485 simultaneously for her so that she wouldn't have to go back at the end of the 6-month period ? I can see how this can be seen as fraud as she will be entering the country on a non-immigrant visa and then adjusting her status to an immigrant. But would she be required to disclose her relationship to me at the port of entry and would it get her into trouble to state an unrelated reason for her visit ?
I have seen people intending to sponsor GCs for their parents bringing their parents here on a visit and then filing I-130 & I-485 for them. I suppose that doesn't raise any eyebrows at USCIS. So how would the spouse scenario be any different (except that in the case of parents the relationship to the sponsor is already known to USCIS) ?
I guess the proper way would be for the spouse to wait in the home country until a I-129F is approved and to come here on a K-3 visa. Any idea how long that process is taking these days ?
-KM
I have seen people intending to sponsor GCs for their parents bringing their parents here on a visit and then filing I-130 & I-485 for them. I suppose that doesn't raise any eyebrows at USCIS. So how would the spouse scenario be any different (except that in the case of parents the relationship to the sponsor is already known to USCIS) ?
I guess the proper way would be for the spouse to wait in the home country until a I-129F is approved and to come here on a K-3 visa. Any idea how long that process is taking these days ?
-KM